TNAG-1382-FCO40-1830-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 61

CONFIDENTIAL

A

203

5.

The Home Office have now written

to say that the Home

Secretary

believes it is for him to

to present the Order to both Houses, for Home

Office Ministers

to answer the consequent parliamentary debates and

the Order to the Privy

for the Home Secretary formally to submit

Council.

I had earlier discussed this at official level with the

Home Office, and had indicated that I would need to consult

Ministers here on the matter, but had no reason to think they would

dispute the Home Secretary's view on this.

6.

It is possible that Hong Kong might prefer that the Order should

be the responsibility of

of FCO Ministers since it deals exclusively

with Hong Kong, and arises out of the Hong Kong Act. (There may be

a feeling that they will get a more sympathetic hearing from FCO

Ministers than from the Home Office.) However the Order

in Council

will need to be agreed with

us and Hong Kong, and we can

Hong Kong's interests are fully taken into account.

legitimate reason to contest the Home Secretary's wish to take it

ensure that

I

can see no

on.

1.

I therefore

we

recommend that I inform Home Office officials that

agree that the Home Secretary will take responsibility for the

Order. I f this is agreed I would propose to inform Hong Kong in the

of Our next exchanges on the drafting exercise that the

context

Order will be

taken by Home Office Ministers, in order to minimise

the risk that they will contest it.

A C Galsworthy

14 May 1985

Hong Kong Department

CONFIDENTIAL